Oakland, Ca 94606 510 EaALAMEDA COUNTY BEHAVIORAL … · RFPQ# 19-06 c/o Elizabeth Delph 1900 Embarcadero Cove Suite 205 Oakland, CA 94606 Contact: Elizabeth Delph ... individual

Network Office

1900 Embarcadero Cove, Suite 205

Oakland, Ca 94606

510-567-8296 / Fax 510-567-8290

EaALAMEDA COUNTY BEHAVIORAL HEALTH CARE SERVICES (ACBH)

REQUEST FOR PRE-QUALIFICATION (RFPQ) 19-06

SPECIFICATIONS, TERMS & CONDITIONS

FOR

EATING DISORDER TREATMENT SERVICES

For complete information regarding this project, see RFQ posted at

http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp

or contact the County representative listed below.

RFPQ RESPONSE DUE:

by 2:00 pm on Friday, June 14, 2019 via email to

RFPQ# 19-06 c/o Elizabeth Delph

1900 Embarcadero Cove Suite 205

Oakland, CA 94606

Contact: Elizabeth Delph

Email: [email protected] Phone: 510.777.2146

http://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp

mailto:[email protected]

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EATING DISORDER SERVICES RFP #19-06

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TABLE OF CONTENTS

Page

I. STATEMENT OF WORK .................................................................................................... 3 A. INTENT ............................................................................................................................ 3 B. BACKGROUND/SCOPE .................................................................................................. 3 C. BIDDER QUALIFICATION CRITERIA .............................................................................. 4

II. INSTRUCTIONS TO BIDDERS .......................................................................................... 5 A. COUNTY CONTRACTS ................................................................................................... 5 B. CALENDAR OF EVENTS ................................................................................................. 6 C. SMALL LOCAL EMERGING BUSINESS (SLEB) PREFERENCE POINTS ...................... 6 D. SUBMITTAL OF PROPOSALS/BIDS ............................................................................... 6 E. RESPONSE FORMAT/PROPOSAL RESPONSES .......................................................... 8 F. CONTRACT EVALUATION AND ASSESSMENT ............................................................ 9 G. AWARD ............................................................................................................................ 9 H. PRICING ........................................................................................................................ 10 I. INVOICING .................................................................................................................... 10 J. NOTICE OF INTENT TO AWARD .................................................................................. 10 K. TERM/TERMINATION/RENEWAL ................................................................................. 11

III. APPENDICES ...................................................................................................................12 A. GLOSSARY & ACRONYM LIST ..................................................................................... 12 B. BID SUBMISSION CHECKLIST ..................................................................................... 13 C. EXHIBIT A: BIDDER INFORMATION AND ACCEPTANCE ........................................... 14 D. SLEB PARTNERING INFORMATION SHEET ............................................................... 19 E. EXHIBIT B: INSURANCE REQUIREMENTS .................................................................. 20 F. EXHIBIT C: EXCEPTIONS, CLARIFICATIONS, AMENDMENTS ................................... 22

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I. STATEMENT OF WORK

A. INTENT

The intent of this Request for Pre-Qualification (RFPQ) is to identify qualified bidders

interested in providing eating disorder (ED) treatment services through a Pool of Contractors.

Alameda County Behavioral Health Care Services (hereafter referred to as ACBH or County)

will identify and refer clients as having eating disorders and not successfully managing their

symptoms through outpatient treatment with existing ACBH outpatient providers, or needing

a higher level of care outside of ACBH.

ACBH intends to award Services as Needed (SAN) contracts (with option to renew) to all

Bidders who meet the Bidder Qualification Criteria (see Section I.C. below), for one or more

of the following programs:

Residential treatment,

Partial Hospitalization Program (PHP), and

Intensive Outpatient Program (IOP).

Bidders must be located within 150 miles of Alameda County for Residential programs, and

100 miles for PHP and IOP to be considered for the Pool of Contractors. Qualification of

vendors will be performed by County staff who have expertise or experience in the areas of

such services. These staff will evaluate and verify bidder responses and recommend vendors

for inclusion in the Pool of Contractors. The person administering this process shall notify

vendors of the qualification outcome. Only qualified and approved vendors will have the

opportunity to provide the services requested by ACBH.

ACBH will open the RFPQ on a yearly basis to allow vendors to become qualified on a regular

basis. Qualification will happen on a yearly basis. The County of Alameda does not guarantee

any minimum or maximum dollar amount or any awarded scope of services under this

contract.

B. BACKGROUND/SCOPE

As defined in the DSM-5, EDs include Anorexia Nervosa, Bulimia Nervosa, Binge Eating

Disorder, and Avoidant/Restrictive Food Intake Disorder. At least 30 million people of all ages,

gender identification, sexual orientation, and race/ethnicities suffer from an ED in the United

States. Common risk factors faced by people with EDs include: social isolation, family

conflict/instability, depression, anxiety, low self-esteem, insomnia, self-harm, suicidal ideation,

rapid weight loss, and long term medical and dental problems that can lead to medical

complications and possibly death. Anorexia Nervosa has the highest mortality rate of any

mental illness.

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As a Mental Health Plan, ACBH seeks to expand its pool of ED service providers to be able

to offer a variety of treatment models to clients. Clients who present with EDs are often

resistant to treatment, and a single treatment model may not be the most appropriate or

effective for each client. When clients participate in a treatment program that best meet their

needs and presentation, this can prevent repeated cycling through services. By expanding

the number of ACBH Contractors to provide higher level of care for ED treatment services

through the establishment of a Pool of Contractors, ACBH clients will have more options for

appropriate treatment, based on each client’s need.

The awarded Contractors shall offer a range of treatment modalities; however, are not

required to offer each one:

Residential treatment for youth and for adults (24-hour programs)1;

PHPs (a minimum of six hours of treatment per day and are available five to seven

days per week); and

IOPs (a minimum of three hours of treatment per day and are available three to six

days per week).

The priority population for these services is individuals suffering from the signs and symptoms

of EDs.

The program model shall utilize Evidence Based Practices for treating EDs and shall offer

individual therapy, group therapy, and family therapy as part of the treatment. All programs

shall offer monitoring by a licensed dietician and medication support with a licensed

prescriber/psychiatrist. PHP and Residential programs shall have access to medical staff.

Providers must be willing to work with ACBH in the discharge planning.

C. BIDDER QUALIFICATION CRITERIA

Bidder qualification criteria include the following:

1. Bidder must have at least one year of experience providing services to the priority

populations.

1 Bidders must have a valid California Department of Social Services (CDSS) Community Care Group Home License to be considered for a Residential program contract.

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II. INSTRUCTIONS TO BIDDERS

A. COUNTY CONTRACTS

All contact during the competitive RFPQ process shall be through the RFPQ contact, only.

The ACBH website http://www.acbhcs.org/Docs/docs.htm#RFP and the General Services Agency

(GSA) website

https://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp

are the official notification and posting places for this RFPQ and any Addenda.

The evaluation phase of the competitive process shall begin upon receipt of proposals until

contract award. Bidders shall not contact or lobby ACBH during the evaluation process. Attempts

by Bidders to contact ACBH may result in disqualification of the Bidder’s proposal.

All questions regarding these specifications, terms and conditions shall be submitted in writing,

preferably via e-mail, to:

Elizabeth Delph

1900 Embarcadero Cove Suite 205

Oakland, CA 94606

Email: [email protected]

http://www.acbhcs.org/Docs/docs.htm#RFP

https://www.acgov.org/gsa_app/gsa/purchasing/bid_content/contractopportunities.jsp

mailto:[email protected]

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B. CALENDAR OF EVENTS

Event Date/Location

Request Issued Friday, May 3, 2019

Response Due via email Friday, June 14, 2019 by 2:00 pm

Award Date July 1, 2019

Contract Start Date January 2020

Note: Dates are approximate.

C. SMALL LOCAL EMERGING BUSINESS (SLEB) PREFERENCE POINTS

The County is vitally interested in promoting the growth of small and emerging local businesses

by means of increasing the participation of these businesses in the County’s purchase of goods

and services.

As a result of the County’s commitment to advance the economic opportunities of these

businesses, Bidders must meet the County’s SLEB requirements in order to be considered for

the contract award. These requirements can be found online at:

http://acgov.org/auditor/sleb/overview.htm

For purposes of this proposal, applicable industries include, but are not limited to, the following

North American Industry Classification System (NAICS) Codes: 621330, 621420, 624190,

623220, and 623990.

A small business is defined by the United States Small Business Administration (SBA) as having

no more than the number of employees or average annual gross receipts over the last three (3)

years required per SBA standards based on the small business's appropriate NAICS code.

An emerging business is defined by the County as having either annual gross receipts of less

than one-half (1/2) that of a small business OR having less than one-half (1/2) the number of

employees AND that has been in business less than five (5) years.

D. SUBMITTAL OF PROPOSALS/BIDS

1. All proposals must be received electronically by ACBH no later than 2:00 pm on the due

date and location specified on the RFPQ cover and Calendar of Events in this RFPQ.

ACBH cannot accept late and/or unsealed proposals. If hand delivering proposals, please

allow time for parking and entry into building.

ACBH shall only accept proposals at the email address and by the time indicated on the RFPQ

cover and in the Calendar of Events. Any proposals received after said time and/or date or at


http://www.sba.gov/

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an email address other than the stated address cannot be considered and shall be returned

to the Bidder unread.

The proposal must include evidence that the person(s) who signed the proposal is/are

authorized to execute the proposal on behalf of the Bidder. A signed statement by either the

Executive Director or the Board President on an agency letterhead will meet this requirement.

Bidders shall ensure that proposals are:

Single spaced

Maximum 1 inch margins

11-point Arial font

Conform to the maximum page limits

2. Bidder agrees and acknowledges all RFPQ specifications, terms and conditions and indicates

ability to perform by submission of proposal.

3. Submitted proposals shall be valid for a minimum period of eighteen months.

4. All costs required for the preparation and submission of a proposal shall be borne by Bidder.

5. Proprietary or Confidential Information: No part of any proposal response is to be marked as

confidential or proprietary. County may refuse to consider any bid response or part thereof so

marked. Bid responses submitted in response to this RFPQ may be subject to public disclosure.

County shall not be liable in any way for disclosure of any such records. Additionally, all proposals

shall become the property of County. County reserves the right to make use of any information

or ideas contained in submitted proposals. This provision is not intended to require the disclosure

of records that are exempt from disclosure under the California Public Records Act (Government

Code Section 6250, et seq.) or of “trade secrets” protected by the Uniform Trade Secrets Act

(Civil Code Section 3426, et seq.).

6. All other information regarding proposals shall be held as confidential until such time as ACBH

has completed its evaluation, notification of recommended award has been made and the

contract has been fully negotiated with the recommended awardees named in the intent to

award/non-award notification. The submitted proposals shall be made available upon request

no later than five calendar days before approval of the award and contract is scheduled to be

heard by the Board of Supervisors. All parties submitting proposals, either qualified or

unqualified, shall receive mailed intent to award/non-award notification, which shall include

the name of the Bidder(s) recommended for award of this service. In addition, recommended

award information will be posted on the ACBH website.

7. Each proposal received, with the name of the Bidder, shall be entered on a record, and each

record with the successful proposal indicated thereon shall, after the negotiations and award

of the order or contract, be open to public inspection.

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8. California Government Code Section 4552: In submitting a bid to a public purchasing body,

the Bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body

all rights, title, and interest in and to all causes of action it may have under Section 4 of the

Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with

Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from

purchases of goods, materials, or services by the Bidder for sale to the purchasing body

pursuant to the bid. Such assignment shall be made and become effective at the time the

purchasing body tenders final payment to the Bidder.

9. Bidder expressly acknowledges that it is aware that if a false claim is knowingly submitted (as

the terms “claim” and “knowingly” are defined in the California False Claims Act, Cal. Gov.

Code, §12650 et seq.), County will be entitled to civil remedies set forth in the California False

Claim Act. It may also be considered fraud and the Contractor may be subject to criminal

prosecution.

10. The undersigned Bidder certifies that it is, at the time of bidding, and shall be throughout the

period of the contract, licensed by the State of California to do the type of work required under

the terms of the Contract Documents. Bidder further certifies that it is regularly engaged in the

general class and type of work called for in the Bid Documents.

11. The undersigned Bidder certifies that it is not, at the time of bidding, on the California

Department of General Services (DGS) list of persons determined to be engaged in

investment activities in Iran or otherwise in violation of the Iran Contracting Act of 2010 (Public

Contract Code Section 2200-2208).

12. It is understood that County reserves the right to reject this bid and that the bid shall remain

open to acceptance and is irrevocable for a period of 180 days, unless otherwise specified in

the Bid Documents.

E. RESPONSE FORMAT/PROPOSAL RESPONSES

Bidders may use the provided MS Word Bid Response Template to address and complete your

proposals. The person(s) administering the competitive process will review each proposal for

completeness against the RFPQ requirements and ensure that responses conform to a total

page maximum of three pages. Bidders cannot submit non-material documents after the

proposal due date, in order to complete their proposal. Proposals with any missing items of

submittals as outlined in the RFPQ and any Addenda shall be deemed incomplete and may be

rejected.

Proposals shall be complete, substantiated, concise and specific to the information

requested. Any superfluous and unrequested material submitted with the bid will be

removed and will not be viewed by the Evaluation Panel. Any material deviation from the

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requirements may be cause for rejection of the proposal, as determined at ACBH’ sole

discretion.

F. CONTRACT EVALUATION AND ASSESSMENT

During the initial sixty (60) day period of any contract, which may be awarded to a successful

Bidder (“Contractor”), persons designated by the County may meet with the Contractor to evaluate

the performance and to identify any issues or potential problems.

The County reserves the right to determine, in its sole discretion, (a) whether Contractor has

complied with all terms of this RFPQ and (b) whether any problems or potential problems are

evidenced which make it unlikely (even with possible modifications) that the proposed program

and services will meet the County requirements. If, as a result of such determination the County

concludes that it is not satisfied with Contractor, Contractors’ performance under any awarded

contract as contracted for therein, the Contractor shall be notified of contract termination effective

forty-five (45) days following notice. The County shall have the right to invite the next highest

ranked Bidder to enter into a contract.

The County also reserves the right to re-bid these programs if it is determined to be in its

best interest to do so.

G. AWARD

1. The County reserves the right to reject any or all proposals that materially differ from any

terms contained in this RFPQ or from any Exhibits attached hereto, to waive informalities and

minor irregularities in responses received, and to provide an opportunity for Bidders to correct

minor and immaterial errors contained in their submissions. The decision as to what

constitutes a minor irregularity shall be made solely at the discretion of the County.

2. Any proposal that contains false or misleading information may be disqualified by the County.

3. The County reserves the right to award to a single or multiple Contractors.

4. The County has the right to decline to award a contract in whole or any part thereof for any

reason.

5. BOS approval to award a contract is required.

6. A contract must be negotiated, finalized, and signed by the intended awardee prior to BOS

approval.

7. Final terms and conditions shall be negotiated with the Bidder recommended for award. The

successful Bidder may request a copy of the Master Agreement template from the ACBH

RFPQ contact. The template contains the agreement boilerplate language only.

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8. The RFPQ specifications, terms, conditions, Exhibits, Addenda and Bidder’s proposal, may

be incorporated into and made a part of any contract that may be awarded as a result of this

RFPQ.

H. PRICING

Federal and State minimum wage laws apply. The County has no requirements for living wages.

The County is not imposing any additional requirements regarding wages.

I. INVOICING

1. Contractor shall invoice the requesting department, unless otherwise advised, upon

satisfactory receipt of product and/or performance of services.

2. Payment will be made within thirty days following receipt of invoice and upon complete

satisfactory receipt of product and performance of services.

3. County shall notify Contractor of any adjustments required to invoice.

4. Invoices shall contain County purchase order (PO) number, invoice number, remit to address

and itemized products and/or services description and price as quoted and shall be

accompanied by acceptable proof of delivery.

5. Contractor shall utilize standardized invoice upon request.

6. Invoices shall only be issued by the Contractor who is awarded a contract.

7. Payments will be issued to and invoices must be received from the same Contractor whose

name is specified on the POs.

J. NOTICE OF INTENT TO AWARD

At the conclusion of the proposal evaluation process (“Evaluation Process”), all Bidders will be

notified in writing by e-mail, fax, or US Postal Services mail of the contract award

recommendation, if any, by ACBH. The document providing this notification is the Notice of Intent

to Award.

The Notice of Intent to Award shall provide the following information:

The name of the Bidder being recommended for contract award; and

The names of all other Bidders that submitted proposals.

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At the conclusion of the RFPQ response evaluation process and negotiations, debriefings for

unsuccessful Bidders will be scheduled and provided upon written request and will be restricted

to discussion of the unsuccessful Bidder’s proposal.

Under no circumstances shall any discussion be conducted with regard to contract

negotiations with the recommended /successful Bidder.

Debriefing may include review of the recommended/ successful Bidder’s proposal/s with

redactions as appropriate.

All submitted proposals shall be made available upon request no later than five (5) calendar days

before approval of the award and contract is scheduled to be heard by the Board of Supervisors.

K. TERM/TERMINATION/RENEWAL

The term of the contract, which may be awarded pursuant to this RFPQ, will be one year and may

be renewed thereafter, contingent on the availability of funds, Contractor’s performance,

continued prioritization of the activities and priority populations, as defined and determined by

ACBH.

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III. APPENDICES

A. GLOSSARY & ACRONYM LIST

Agreement The formal contract between ACBHCS and Contractor.

ACBH Alameda County Behavioral Health Care Services, a department of

the Alameda County Health Care Services Agency.

Bid A Bidders’ response to this Request; used interchangeably with

proposal.

Bidder The specific person or entity responding to this RFPQ.

Board Shall refer to the County of Alameda Board of Supervisors.

Client The recipient of services; used interchangeably with beneficiary and

consumer.

Consumer The recipient of services; used interchangeable with beneficiary and

consumer.

Community-Based

Organization (CBO)

A non-governmental organization that provides direct services to

beneficiaries.

Contractor When capitalized, shall refer to selected Bidder that is awarded a

contract.

County When capitalized, shall refer to the County of Alameda.

DSM Diagnostic and Statistical Manual of Mental Disorders

IOP Intensive Outpatient Program

Federal Refers to United States Federal Government, its departments and/or

agencies.

MHPAEA Mental Health Parity and Addiction Equity Act of 2013

PHP Partial Hospitalization Program

Proposal Shall mean Bidder’s response to this RFPQ; used interchangeably

with bid.

Qualified Competent by training and experience to be in compliance with

specified requirements.

Request for Proposal

(RFPQ)

Shall mean this document, which is the County of Alameda’s request

for proposal to provide the services being solicited herein; also

referred herein as RFPQ.

Response Shall refer to Bidder’s proposal submitted in reply to RFPQ.

SLEB Small Local Emerging Business

State Refers to State of California, its departments and/or agencies.

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B. BID SUBMISSION CHECKLIST

BID SUBMISSION CHECKLIST

All of the documentation listed below is required to be submitted with the Bid Response

Packet in order for a bid to be deemed complete. Bidders shall submit all documentation,

in the order listed below and clearly label each section with the appropriate title.

Bid Response Template:

Bidder should complete all questions in this document, and not exceed the total page

maximum of three pages.

Exhibit A: Bidder Information and Acceptance:

Bidders must select one box under Item 10 of Exhibit A Bidder Information and Acceptance

Form and must fill out and submit a signed page of Exhibit A.

Exhibit C: Exceptions, Clarifications, Amendments:

Indicate all of Bidder exceptions to the County’s requirements, conditions and

specifications as stated within this RFPQ. This shall include clarifications, exceptions and

amendments, if any, to the RFPQ and associated Bid Documents, and shall be submitted

with your bid response using the template in Exhibit A – Bid Response Packet.

THE COUNTY IS UNDER NO OBLIGATION TO ACCEPT ANY EXCEPTIONS, AND

SUCH EXCEPTIONS MAY BE A BASIS FOR BID DISQUALIFICATION.

SLEB Partnering Information Sheet:

Every Bidder must fill out and submit a signed SLEB Partnering Information Sheet in the

Bid Template, indicating their SLEB certification status. If Bidder is not certified, the name,

identification information, and goods/services to be provided by the named CERTIFIED

SLEB partner(s) with whom the Bidder will subcontract to meet the County SLEB

participation requirement must be stated. Any CERTIFIED SLEB subcontractor(s)

named, the Exhibit must be signed by the CERTIFIED SLEB(s) according to the

instructions. All named SLEB subcontractor(s) must be certified by the time of bid

submittal.

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C. EXHIBIT A: BIDDER INFORMATION AND ACCEPTANCE

Bidder Information and Acceptance

1. The undersigned declares that the proposal documents, including, without limitation, the RFPQ, Addenda and Exhibits have been read and accepted. 2. The undersigned declares that he/she is authorized, offers, and agrees to furnish the articles and/or services specified in accordance with the RFPQ’s specifications, terms & conditions.

3. The undersigned has reviewed the proposal documents and fully understands the requirements in this proposal including, but not limited to, the requirements under the County Provisions, and that each Bidder who is awarded a contract shall be, in fact, a prime contractor, not a subcontractor, to the County, and agrees that its proposal, if accepted by County, will be the basis for the Bidder to enter into a contract with County in accordance with the intent of the proposal.

4. The undersigned also agrees to the follow the Bid Protests / Appeals Process.

Alameda County prides itself on the establishment of fair and competitive contracting

procedures and the commitment made to follow those procedures. The following is provided

in the event that Bidders wish to protest the proposal process or the recommendation to award

a contract for these programs once the Notices of Intent to Award/Non-Award have been

issued.

The following describes two separate processes: Bid Protests and Appeals. Bid Protests

submitted prior to issuance of the Notices of Intent to Award/Non-Award shall not be accepted

by the County.

Bid Protests from any Bidder related to this RFPQ must be submitted in writing to the ACBH

Director located at 2000 Embarcadero Cove, Suite 400, Oakland, CA 94606 Fax:

510.567.8180, before 5:00 p.m. of the fifth (5th) business day following the date of issuance

of the Notice of Intent to Award/Non-Award, not the date it is received by the

Bidder. Any Bid Protest received after 5:00 p.m. shall be considered received as of the next

business day.

The Bid Protest must contain a complete statement of the reasons and facts for the protest.

The Bid Protest shall refer to the specific portions of documents that form the basis for the protest.

The Bid Protest shall include the name, address, email address, fax number and telephone number of the person representing the protesting party.

ACBH shall transmit a copy of the Bid Protest to all Bidders as soon as possible after receipt of the protest.

Upon receipt of written Bid Protest, the ACBH Director, or designee shall review and evaluate

the protest and issue a written decision. The ACBH Director, may, at his or her discretion,

investigate the protest, obtain additional information, provide an opportunity to settle the

http://www.acgov.org/gsa/departments/purchasing/policy/bidappeal.htm

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protest by mutual agreement, and/or schedule a meeting(s) with the protesting Bidder and

others (as determined appropriate by the ACBH Director) to discuss the Bid Protest. The

decision on the proposal protest shall be issued at least ten (10) business days prior to the

date the Board is considering the recommendation and award of contract.

The decision on the Bid Protest shall be communicated by e-mail, fax, or US Postal Service

mail, and shall inform the Bidder whether or not the recommendation to the Board of

Supervisors as stated in the Notice of Intent to Award is going to change. A copy of the

decision shall be furnished to all Bidders affected by the decision. As used in this paragraph,

a Bidder is affected by the decision on a Bid Protest if a decision on the Bid Protest could

have resulted in the Bidder not being the recommended successful Bidder on the RFPQ.

The decision of the ACBH Director on the Bid Protest may be appealed to the Auditor-

Controller’s Office of Contract Compliance & Reporting (OCCR) located at 1221 Oak St., Rm.

249, Oakland, CA 94612, Fax: 510.272.6502 unless the OCCR determines that it has a

conflict of interest in which case an alternate will be identified to hear the appeal and all steps

to be taken by OCCR will be performed by the alternate. The Bidder whose proposal is the

subject of the Bid Protest, all Bidders affected by the ACBH Director’s decision on the Bid

Protest, and the protesting Bidder have the right to appeal if not satisfied with the ACBH

Director’s Bid Protest decision. All Appeals to the Auditor-Controller’s OCCR shall be in

writing and submitted within five (5) business days following the issuance of the

decision by the ACBH Director, not the date received by the Bidder. Appeals received

after 5:00 p.m. is considered received as of the next business day.

The Appeal shall specify the Bid Protest decision being appealed and all the facts and circumstances relied upon in support of the Appeal.

In reviewing Appeals, the OCCR shall not re-judge the proposals. The appeal to the OCCR shall be limited to review of the procurement process to determine if the contracting department materially erred in following the RFPQ or, where appropriate, County contracting policies or other laws and regulations.

The Appeal to the OCCR also shall be limited to the grounds raised in the original Bid Protest and the decision by the ACBH Director. As such, a Bidder is prohibited from stating new grounds for a Bid Protest in its Appeal. The Auditor-Controller (OCCR) shall only review the materials and conclusions reached by the GSA-Office of Acquisition Policy or department designee, and will determine whether to uphold or overturn the protest decision.

The Auditor’s Office may overturn the results of a bid process for ethical violations by Procurement staff, County Selection Committee members, subject matter experts, or any other County staff managing or participating in the competitive bid process, regardless of timing or the contents of a bid protest.

The decision of the Auditor-Controller’s OCCR is the final step of the Appeal process. A copy of the decision of the Auditor-Controller’s OCCR shall be furnished to the protestor, the Bidder whose proposal is the subject of the Bid protest, and all Bidders affected by the decision.

The County shall complete the Bid Protest/Appeal procedures set forth in this before a

recommendation to award the contract is considered by the Board of Supervisors.

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The procedures and time limits set forth in this section are mandatory and are each Bidder's

sole and exclusive remedy in the event of Bid Protest. A Bidder’s failure to timely complete

both the Bid Protest and Appeal procedures shall be deemed a failure to exhaust

administrative remedies. Failure to exhaust administrative remedies, or failure to comply

otherwise with these procedures, shall constitute a waiver of any right to further pursue the

Bid Protest, including filing a Government Code Claim or legal proceedings.

5. The undersigned agrees to the following terms, conditions, certifications, and requirements found on the County’s website:

Debarment / Suspension Policy: http://www.acgov.org/gsa/departments/purchasing/policy/debar.htm

Iran Contracting Act (ICA) of 2010: http://www.acgov.org/gsa/departments/purchasing/policy/ica.htm

General Environmental Requirements: [http://www.acgov.org/gsa/departments/purchasing/policy/environ.htm

Small Local Emerging Business Program: http://acgov.org/auditor/sleb/overview.htm

First Source: http://www.acgov.org/auditor/sleb/sourceprogram.htm

Online Contract Compliance System: http://acgov.org/auditor/sleb/elation.htm

General Requirements: http://www.acgov.org/gsa/departments/purchasing/policy/genreqs.htm

Proprietary and Confidential Information: http://www.acgov.org/gsa/departments/purchasing/policy/proprietary.htm

6. The undersigned also acknowledges that Bidder will be in good standing in the State of California, with all the necessary licenses, permits, certifications, approvals, and authorizations necessary to perform all obligations in connection with this RFPQ and associated proposal documents. 7. It is the responsibility of each Bidder to be familiar with all of the specifications, terms and conditions and, if applicable, the site condition. By the submission of a proposal, the Bidder certifies that if awarded a contract they will make no claim against the County based upon ignorance of conditions or misunderstanding of the specifications.

8. Patent indemnity: Bidders who do business with the County shall hold the County of Alameda, its officers, agents and employees, harmless from liability of an nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.

9. Insurance certificates are not required at the time of submission. However, by signing Exhibit A – Bidder Information and Acceptance, the Contractor agrees to meet the minimum insurance requirements stated in the RFPQ. This documentation must be provided to the County, prior to award, and shall include an insurance certificate and additional insured certificate, naming the County of Alameda, which meets the minimum insurance requirements, as stated in the RFPQ.

http://www.acgov.org/gsa/departments/purchasing/policy/debar.htm

http://www.acgov.org/gsa/departments/purchasing/policy/debar.htm

http://www.acgov.org/gsa/departments/purchasing/policy/ica.htm

http://www.acgov.org/gsa/departments/purchasing/policy/ica.htm

http://www.acgov.org/gsa/departments/purchasing/policy/environ.htm

http://www.acgov.org/gsa/departments/purchasing/policy/environ.htm


http://www.acgov.org/gsa/departments/purchasing/policy/first.htm

http://www.acgov.org/auditor/sleb/sourceprogram.htm

http://www.acgov.org/gsa/departments/purchasing/policy/compliance.htm

http://acgov.org/auditor/sleb/elation.htm

http://www.acgov.org/gsa/departments/purchasing/policy/genreqs.htm

http://www.acgov.org/gsa/departments/purchasing/policy/genreqs.htm

http://www.acgov.org/gsa/departments/purchasing/policy/proprietary.htm

http://www.acgov.org/gsa/departments/purchasing/policy/proprietary.htm

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10. The undersigned also acknowledges ONE of the following. Please check only one box.

Bidder is not local to Alameda County and is ineligible for any bid preference; OR Bidder is a certified SLEB and is requesting 10% bid preference; (Bidder must

check the first box and provide its SLEB Certification Number in the SLEB PARTNERING INFORMATION SHEET); OR

Bidder is LOCAL to Alameda County and is requesting 5% bid preference, and has attached the following documentation to this Exhibit:

Copy of a verifiable business license, issued by the County of Alameda or a City within the County; and

Proof of six (6) months business residency, identifying the name of the bidder and the local address. Utility bills, deed of trusts or lease agreements, etc., are acceptable verification documents to prove residency.

EXHIBIT A: BIDDER INFORMATION AND ACCEPTANCE

Official Name of

Bidder

Street Address Line 1

Street Address Line 2

City State Zip

Webpage

Type of

Entity/Organizational

Structure

Corporation Joint Venture

Limited Liability Partnership Partnership

Limited Liability Corporation Non-Profit / Church

Other

Jurisdiction of

Organizational

Structure

Date of

Organizational

Structure

Federal Tax

ID Number

Name of Executive

Director or Equivalent

Title

Phone Number Fax Number

Email

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Page 18 of 22

Signature Title

Dated this day of 20

RFP Contract Name Title

Phone Number Fax Number

Email

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D. SLEB PARTNERING INFORMATION SHEET

SMALL LOCAL EMERGING BUSINESS (SLEB) PARTNERING INFORMATION SHEET

In order to meet the Small Local Emerging Business (SLEB) requirements of this RFPQ, all bidders must complete this form as required below. Bidders not meeting the definition of a SLEB (http://acgov.org/auditor/sleb/overview.htm) are required to subcontract with a SLEB for at least 20% of the total estimated bid amount in order to be considered for contract award. SLEB subcontractors must be independently owned and operated from the prime Contractor with no employees of either entity working for the other. This form must be submitted for each business that bidders will work with, as evidence of a firm contractual commitment to meeting the SLEB participation goal. (Copy this form as needed.) Bidders are encouraged to form a partnership with a SLEB that can participate directly with this contract. One of the benefits of the partnership will be economic, but this partnership will also assist the SLEB to grow and build the capacity to eventually bid as a prime on their own. Once a contract has been awarded, bidders will not be able to substitute named subcontractors without prior written approval from the Auditor-Controller, Office of Contract Compliance & Reporting (OCCR). County departments and the OCCR will use the web-based Elation Systems to monitor contract compliance with the SLEB program (Elation Systems: http://www.elationsys.com/elationsys/).

BIDDER IS A CERTIFIED SLEB (sign at bottom of page)

SLEB BIDDER Business Name:

SLEB Certification #: SLEB Certification Expiration Date:

NAICS Codes Included in Certification:

BIDDER IS NOT A CERTIFIED SLEB AND WILL SUBCONTRACT % WITH THE SLEB NAMED BELOW FOR THE FOLLOWING GOODS/SERVICES:

SLEB Subcontractor Business Name:

SLEB Certification #: SLEB Certification Expiration Date:

SLEB Certification Status: Small / Emerging

NAICS Codes Included in Certification:

SLEB Subcontractor Principal Name:

SLEB Subcontractor Principal Signature: Date:

Upon award, prime Contractor and all SLEB subcontractors that receive contracts as a result of this bid process agree to register and use the secure web-based ELATION SYSTEMS. ELATION SYSTEMS will be used to submit SLEB subcontractor participation including, but not limited to, subcontractor contract amounts, payments made, and confirmation of payments received.

Bidder Printed Name/ Title: Street Address: City: State: Zip Code: Bidder Signature: Date:



http://www.elationsys.com/elationsys/

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E. EXHIBIT B: INSURANCE REQUIREMENTS

Insurance certificated are not required at the time of submission; however, by signing Exhibit A – Bidder Information and Acceptance, the Bidder agrees to meet the minimum insurance requirements state din the RFPQ, prior to award. This documentation must be provided to the County, prior to awards, and shall include insurance certificate and additional insured certificate, naming County of Alameda, which meets the minimum insurance requirements, as stated in the RFPQ. The following page contains the minimum insurance limits, required by the County of Alameda, to be held by the Contractor performing on this RFPQ:

***SEE NEXT PAGE FOR COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS***

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EXHIBIT B COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following minimum insurance coverage, limits and endorsements:

TYPE OF INSURANCE COVERAGES MINIMUM LIMITS

A Commercial General Liability

Premises Liability; Products and Completed Operations; Contractual

Liability; Personal Injury and Advertising Liability; Abuse,

Molestation, Sexual Actions, and Assault and Battery

$1,000,000 per occurrence (CSL)

Bodily Injury and Property Damage

B Commercial or Business Automobile Liability

All owned vehicles, hired or leased vehicles, non-owned, borrowed

and permissive uses. Personal Automobile Liability is acceptable for

individual contractors with no transportation or hauling related

activities

$1,000,000 per occurrence (CSL)

Any Auto

Bodily Injury and Property Damage

C Workers’ Compensation (WC) and Employers Liability (EL)

Required for all contractors with employees

WC: Statutory Limits

EL: $100,000 per accident for bodily injury or disease

D Professional Liability/Errors & Omissions

Includes endorsements of contractual liability and defense and

indemnification of the County

$1,000,000 per occurrence

$2,000,000 project aggregate

E Endorsements and Conditions:

1. ADDITIONAL INSURED: All insurance required above with the exception of Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees, volunteers, and representatives. The Additional Insured endorsement shall be at least as broad as ISO Form Number CG 20 38 04 13.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement. In addition, Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until 3 years following the later of termination of the Agreement and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.

3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or self-insurance) available to the County. The primary and non-contributory endorsement shall be at least as broad as ISO Form 20 01 04 13. Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties.

4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a A.M. Best Rating of no less than A:VII or equivalent, shall be admitted to the State of California unless otherwise waived by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.

5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall verify that the subcontractor, under its own policies and endorsements, has complied with the insurance requirements in this Agreement, including this Exhibit. The additional Insured endorsement shall be at least as broad as ISO Form Number CG 20 38 04 13.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by one of the following methods: – Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured” (covered party), or at minimum

named as an “Additional Insured” on the other’s policies. Coverage shall be at least as broad as in the ISO Forms named above. – Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured”.

7. CANCELLATION OF INSURANCE: All insurance shall be required to provide thirty (30) days advance written notice to the County of cancellation.

CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and

applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County

reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The required certificate(s) and

endorsements must be sent as set forth in the Notices provision.

Certificate C-2C Form 2003-1 (Rev. 08/01/13)

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F. EXHIBIT C: EXCEPTIONS, CLARIFICATIONS, AMENDMENTS

This shall include clarifications, exceptions and amendments, if any, to the RFPQ and associated Bid

Documents, and shall be submitted with your bid response using the template on this page of the

Exhibit A – Bid Response Packet. THE COUNTY IS UNDER NO OBLIGATION TO ACCEPT ANY

EXCEPTIONS, AND SUCH EXCEPTIONS MAY BE A BASIS FOR BID DISQUALIFICATION.

Bidder Name: List below requests for clarifications, exceptions and amendments, if any, to the RFPQ and associated proposal, and submit with your bid response. The County is under no obligation to accept any exceptions and such exceptions may be a basis for proposal disqualification.

Reference to Description

Page No. Section Item No.

p. 23 D 1.c. Bidder takes exception to…

*Print additional pages as necessary